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PART V: PRINCIPLES OF INTERPRETATION
47. Where a right or freedom contained in this Charter is subject to any limitation,
restriction or qualification, that limitation, restriction or qualificationa.
shall have no wider effect than is strictly necessary in the circumstances;
and
b.
• International law
shall not be applied for any purpose other than that for which it has been
prescribed.
48. This Chapter shall be interpreted in such a way so as not to be inconsistent with
any international obligations of Seychelles relating to human rights and
freedoms and a court shall, when interpreting the provision of this Chapter, take
judicial notice ofa.
the international instruments containing these obligations;
b.
the reports and expression of views of bodies administering or enforcing
these instruments;
c.
the reports, decisions or opinions of international and regional institutions
administering or enforcing Conventions on human rights and freedoms;
d.
the Constitutions of other democratic States or nations and decisions of the
courts of the States or nations in respect of their Constitutions.
49. In this Chapter, unless the context otherwise requires-
Seychelles 1993 (rev. 2011)
•
"Charter" or "Seychellois Charter of Fundamental Human Rights and
Freedoms" means Part 1 of this Chapter;
•
"contravene", in relation to a requirement or condition in this Chapter,
includes a failure to comply with the requirement or condition;
•
"court" means any court of law or tribunal having jurisdiction in Seychelles
excepting, save as in articles 19 and 46, a court established by or under a
disciplinary law;
•
"democratic society" means a pluralistic society in which there is tolerance,
proper regard for the fundamental human rights and freedoms and the rule
of law and where there is a balance of power among the Executive,
Legislature and Judiciary;
•
"disciplinary force" meansa.
a naval, military or air force;
b.
the police force of Seychelles;
c.
the prison service of Seychelles;
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